Created and maintained by professors of political science at Montana State University, this website seeks to bring political science analysis to current political events in Montana, the United States, and across the globe. Our aim is to provide nonpartisan analysis and commentary in a political world replete with punditry and partisanship.

Friday, May 18, 2012

Back to the Good Old Days - Not

Rural states like Montana
are rarely at the forefront of public policy. There are exceptions of course. Our
approach to the management of wolves is pragmatic and right-minded; our
constitutional provision for a right to a clean and healthy environment is shared
by only five other states (Hawaii,
Illinois, Massachusetts, Pennsylvania, and Rhode Island). It is a not only an
important citizen’s rights issue, it is good for the long run economy of the
state. In one other area, Montana is at the cutting edge of policy that is good
for its citizenry and the democratic process - campaign finance.

Montana voters adopted the
Corrupt Practices Act at a time when national copper mining companies (notably
the Anaconda Company) were running roughshod over the state government.
“Bribery of public officials,” the Montana Supreme Court explained in its
ruling, “and unlimited campaign spending by the mining interests were
commonplace and well-known to the public.” As most know, the state was awash in
political corruption and was held hostage by the Copper Kings. Sound familiar
yet?

As
most also know, in 2010 the U.S. Supreme Court reversed a lower court
ruling by striking down provisions of the 2002 Bipartisan
Campaign Reform Act (commonly known as the McCain–Feingold Act) that
prohibited corporations (including nonprofit corporations) and unions from
spending on "electioneering communications". The floodgates of money
for mostly negative campaigning were thrown open and now we have billionaires
funding candidates from Newt Gingrich to Mitt Romney to Barack Obama with
almost no disclosure and virtually no accountability – the so-called Super PACs.
Montana’s Corrupt
Practices Act, which essentially bans corporate spending in elections,
is diametrically opposed to the finding. Unlike the slight majority of the
Court, Montana would hold that people are defined as biological entities and,
as such, enjoy the rights of political speech. Corporations and unions are not
and do not.

This year,
the nonprofit American
Tradition Partnership, is challenging the Montana law and recently won a motion
by U.S. District Court Judge Charles Lovell for summary judgment on
several claims including the finding that the state could not prohibit
corporate contributions to groups engaging in independent political speech. ATP
is clear about its goals “to solicit and anonymously spend the funds of other corporations,
individuals and entities to influence the outcome of Montana elections.” They
argue that the Montana law is in conflict with Citizens United and so should be overturned. Students of Montana
history recognize this as a bad rerun of the Copper King days.

Here is
a simple idea. Rather than treat rural states as backwaters of ignorance and
limited experience, let’s think about how findings like Citizens United will lead to the Butte, America of 1900. Montana
has been there, done that. At one time, Montana government was up for sale to
the highest bidder; today the American government resembles a giant IPO. ATP
would like to return to the good old days and undermine our constitutional
right to environmental protections and sovereignty over our politics. The court
should take a lesson from the wild west and overturn Citizens United.